By Davis                                              H.B. No. 3161
          Substitute the following for H.B. No. 3161:
          By Brady                                          C.S.H.B. No. 3161
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the punishment for truancy and to creating a teen court
    1-3  program for truancy in certain municipalities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 54.021(d), Family Code, is amended to
    1-6  read as follows:
    1-7        (d)  On a finding by the justice court that the child has
    1-8  engaged in truant conduct and that the conduct is of a recurrent
    1-9  nature, the court may enter an order that includes one or more of
   1-10  the following provisions requiring that:
   1-11              (1)  the child attend a preparatory class for the high
   1-12  school equivalency examination provided under Section 11.35,
   1-13  Education Code, if the court determines that the child is too old
   1-14  to do well in a formal classroom environment;
   1-15              (2)  the child attend a special program that the court
   1-16  determines to be in the best interests of the child, including an
   1-17  alcohol and drug abuse program;
   1-18              (3)  the child and the child's parents, managing
   1-19  conservator, or guardian attend a class for students at risk of
   1-20  dropping out of school designed for both the child and the child's
   1-21  parents, managing conservator, or guardian;
   1-22              (4)  the child complete reasonable community service
   1-23  requirements;
    2-1              (5)  the child's driver's license be suspended in the
    2-2  manner provided by Section 54.042 of this code;
    2-3              (6)  the child attend school without unexcused
    2-4  absences; <or>
    2-5              (7)  the child participate in a tutorial program
    2-6  provided by the school attended by the child in the academic
    2-7  subjects in which the child is enrolled for a total number of hours
    2-8  ordered by the court; or
    2-9              (8)  the child and the child's parents, managing
   2-10  conservator, or guardian attend counseling sessions.
   2-11        SECTION 2.  Chapter 54, Family code, is amended by adding
   2-12  Section 54.022 to read as follows:
   2-13        Section 54.022.  DEFERRAL OF PROSECUTION AND DISMISSAL OF
   2-14  CERTAIN CASES ON COMPLETION OF TEEN COURT PILOT PROGRAM.  (a)  This
   2-15  section applies only to a justice court in a municipality with a
   2-16  population of 465,000 or more.
   2-17        (b)  A justice court shall defer proceedings under Section
   2-18  54.021 for 90 days if the child:
   2-19              (1)  is alleged to have engaged in conduct described by
   2-20  Section 51.03 (b) (2);
   2-21              (2)  waives the privilege against self-incrimination
   2-22  and testifies under oath that the allegations are true; and
   2-23              (3)  presents to the court an oral or written request
   2-24  to attend a teen court program.
   2-25        (c)  The teen court program must be approved by the court.
    3-1        (d)  The court may employ a teen court coordinator to assist
    3-2  the court in administering the teen court program, including:
    3-3              (1)  scheduling teen courts;
    3-4              (2)  recruiting teen volunteers to participate in the
    3-5  program as judges, jurors, prosecuting attorneys, defense
    3-6  attorneys, bailiffs, and clerks; and
    3-7              (3)  assisting in implementing the sentence imposed on
    3-8  the child.
    3-9        (e)  The justice of the peace of the court in which the
   3-10  proceeding is deferred shall oversee the teen court proceeding.
   3-11        (f)  Subject to the approval of the court, a teen court may
   3-12  require a child found to have engaged in conduct under Section
   3-13  51.03(b)(2) to perform community service or to attend counseling.
   3-14        (g)  The court may require a child who requests a teen court
   3-15  program to pay a fee not to exceed $20 that is set by the court to
   3-16  cover costs of administering this section.  Fees collected by the
   3-17  court shall be deposited in the county treasury of the county in
   3-18  which the court is located.  A child who requests a teen court
   3-19  program and fails to complete the program is not entitled to a
   3-20  refund of the fee.
   3-21        (h)  The court shall dismiss the case with prejudice at the
   3-22  conclusion of the deferral period if the child presents
   3-23  satisfactory evidence that the child has successfully completed the
   3-24  teen court program.
   3-25        (i)  A case dismissed under this section may not be part of
    4-1  the child's records for any purpose.
    4-2        (j)  This section expires September 1, 1999.
    4-3        SECTION.  (a)  Notwithstanding any conflicting provision of
    4-4  any other Act of the 74th Legislature, Regular Session, 1995, this
    4-5  Act applies to conduct that occurs on or after the effective date
    4-6  of this Act, and this Act continues in effect after January 1,
    4-7  1996.  Conduct that occurs before the effective date of this Act is
    4-8  governed by the law in effect when the conduct occurred, and the
    4-9  former law continues in effect for that purpose.
   4-10        (b)  Notwithstanding any conflicting provision of any other
   4-11  Act of the 74th Legislature, Regular Session, 1995, the Texas
   4-12  Juvenile Probation Commission shall provide grants on request to
   4-13  justice courts for funding teen court programs established under
   4-14  Section 54.022, Family Code, as added by this Act, for a total
   4-15  amount of $100,000 each year of the fiscal biennium ending August
   4-16  31, 1997, from the funds appropriated to the commission for
   4-17  providing funding to juvenile boards and probation departments.
   4-18  The Texas Juvenile Probation Commission shall establish procedures
   4-19  to implement this subsection.
   4-20        SECTION 3.  This Act takes effect September 1, 1995.
   4-21        SECTION 4.  The importance of this legislation and the
   4-22  crowded condition of the calendars in both houses create an
   4-23  emergency and an imperative public necessity that the
   4-24  constitutional rule requiring bills to be read on three several
   4-25  days in each house be suspended, and this rule is hereby suspended.